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Updated almost 3 years ago on . Most recent reply

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Ganesh Nests
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Tenant filed bankruptcy chapter 13 when served eviction

Ganesh Nests
Posted

Hi All,

Tenant not paying rent for last 3 months and given a eviction notice. 

Just when the court hearing is in a day, tenant filed bankruptcy chapter 13. What options we have as landlord on addressing this situation and any attorneys you can refer here in TX. Greatly appreciate your thoughts. Thanks

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Darius Ogloza
  • Investor
  • Marin County California
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Darius Ogloza
  • Investor
  • Marin County California
Replied

Take a look at ii U.S.C. section 365(d)(2) regarding the time to cure unexpired leases.  In short, you need to file papers asking the court to shorten time for the debtor to make up his mind whether he is going to cure the default or not.   

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